Evans, Eddie v. Meisner, Michael

Filing 23

ORDER that petitioner Eddie Gene Evans is directed to show cause in writing withintwenty days of the date of this order why this case should not be dismissed as moot. After Evans has filed his response, the respondent may file a reply within ten days. If Evans fails to respond as directed, this case will be dismissed with prejudice without further notice pursuant to Fed. R. Civ. P. 4l(b). Signed by District Judge William M. Conley on 8/22/2014. (jef),(ps)

JN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
EDDIE GENE EVANS,
ORDER

Petitioner,
v.

I 3-cv-730-wmc
MICHAEL DITTMAN, Warden,
Columbia Correctional Institution,
Respondent. 1

Petitioner Eddie Gene Evans seeks a writ of habeas corpus under 28 U.S.C. § 2254
to challenge the revocation of his release from prison on extended community supervision.
At the time he filed his petition, Evans was incarcerated by the Wisconsin Department of
Corrections at the Columbia Correctional Institution. Evans notified the court recently
that he is no longer in state custody and it appears that he has been released on
community supervision. A prisoner's petition for writ of habeas corpus requesting release
from custody is moot when that prisoner already has been released from custody unless
there are sufficient "collateral effects" or "legal consequences." Lane v. Williams, 455 U.S.
624, 632-33 (1982); Carajas v. LaVallee, 391 U.S. 234, 238 (1968). Accordingly, Evans
is directed to show cause in writing within twenty days why his petition should not be
dismissed as moot. See Spencer v. Kemna, 523 U.S. I, 7 ( 1998).

1

Michael Dittman, who has replaced Michael Meisner as warden of the Columbia Correctional
Institution, is substituted as the proper respondent pursuant to Rule 2(a) of the Rules Governing
I

ORDER
IT IS ORDERED THAT:
I. Petitioner Eddie Gene Evans is directed to show cause in writing within
twenty days of the date of this order why this case should not be dismissed
as moot. After Evans has filed his response, the respondent may file a reply
within ten days.
2. If Evans fails to respond as directed, this case will be dismissed with
prejudice without further notice pursuant to Fed. R. Civ. P. 4l(b).
Entered this 22nd day of August, 2014.
BY THE COURT:

Isl
WILLIAM M. CONLEY
District Judge

Section 2254 Cases in the United States District Courts.
2